This Monday, the Supreme Court ruled unanimously against the thousands of immigrants living in the United States for humanitarian reasons, ruling them ineligible for permanent residency if they entered the country unlawfully. Justice Elena Kagan wrote the opinion, declaring that permanent residency and TPS designation are separate immigration tracks that can only merge if the TPS recipient entered the United States legally.
The case, Sanchez v. Mayorkas, was brought before the court by Jose Sanchez and Sonia Gonzalez. The two El Salvadorian natives entered the United States unlawfully in the late 1990s, but were granted Temporary Protected Status after earthquakes devastated their home country in 2001. This designation protects individuals from deportation to countries affected by armed conflicts and natural disasters. The married couple then applied for green cards in 2014. This application was rejected, and the pair sued. The United States Court of Appeals for the Third Circuit ruled against them, referring to the permanent residency eligibility requirement that applicants be “inspected and admitted” into the United States. According to Judge Thomas M Hardiman, the Temporary Protected Status designation “does not constitute an admission.” The Supreme Court upheld this decision.
Despite this judicial setback, the House of Representatives have already passed legislation that would make it possible for TPS recipients to become permanent residents. Its future in the Senate is uncertain, but the move is supported by President Biden and his administration. If passed, it would allow thousands of immigrants who have made this country their home to continue living and thriving within the United States.
If you need to talk to an experienced immigration attorney. We’ve helped hundreds of couples traverse the complicated immigration and citizenship process. We would love to help you as well. Call 617-676-0503 or email firstname.lastname@example.org to get in touch.